Solitary eyewitness evidence must be wholly reliable; doubtful testimony and inconsistent medical evidence defeated the murder conviction.

A conviction for murder based on a solitary eyewitness can stand only if the testimony is wholly reliable and inspires confidence. The Court found the eyewitness account unsafe because the witness's presence and version were doubtful, material accompanying witnesses were not examined, the conduct attributed to the witnesses was unnatural, and the medical evidence with the pattern of injuries did not support the claim that only the appellants were the assailants. The Court also noted that the High Court treated one witness as an eyewitness without adequate discussion. On that evidence, the conviction could not be sustained and the appellants were entitled to acquittal.

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Issues: Whether the conviction of the appellants for murder could be sustained on the basis of the testimony of a solitary eyewitness whose presence and version were found doubtful, in the face of surrounding circumstances suggesting a mob assault and possible false implication.

Analysis: The evidence was tested against the surrounding circumstances, including prior animosity between the parties, the doubtful presence of the eyewitnesses at the scene, the failure to examine material accompanying witnesses, the unnatural conduct attributed to the witnesses, and the nature and number of injuries found on the deceased. The Court held that a conviction based on a solitary eyewitness is sustainable only when the testimony is wholly reliable and inspires confidence. Here, the witness's evidence was found unsafe to accept as gospel truth, particularly because the medical evidence and the pattern of injuries did not support the prosecution case that only the two appellants were the assailants. The Court also found that the High Court had erred in treating one witness as an eyewitness without adequate discussion.

Conclusion: The conviction could not be sustained on the evidence led, and the appellants were entitled to acquittal.

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